نوع مقاله : علمی- پژوهشی
عنوان مقاله English
نویسندگان English
The Rome Statute of the International Criminal Court (1998) confers jurisdiction over four core international crimes: genocide, crimes against humanity, war crimes, and the crime of aggression. Analyzing the conduct of widespread and deliberate dissemination of pathogens (bioterrorism) in comparison with established elements of crimes against humanity reveals that, when such conduct targets a civilian population, it may constitute an “inhumane act” and thus qualify as a crime against humanity. The primary objective of this study is to assess the legal basis for classifying such conduct under the aforementioned criminal category and to examine the ICC’s jurisdiction over such acts. The research methodology involves a legal analysis of the material and mental elements of crimes against humanity as defined under Article 7 of the Rome Statute, comparing these elements with the characteristics of deliberate pathogen dissemination. Given the potential recurrence of global biological crises, such as the recent COVID-19 pandemic, this study underscores the necessity of establishing a robust and deterrent international criminal response. By aligning the deliberate and widespread dissemination of pathogens with the definition of a crime against humanity—whether under Article 7(1)(k) of the Rome Statute or its other relevant subparagraphs—it is concluded that the ICC has jurisdiction over such acts. Finally, the study advocates for enhancing international preventive mechanisms and considering the independent criminalization of bioterrorism within the Rome Statute as an effective measure to address these emerging threats.
کلیدواژهها English